State v. Hand

The state appeals from a pretrial order of the circuit court suppressing evidence. ORS 138.060(3).

There is no dispute about the relevant facts of this case. On December 30, 1975 at approximately 4 a.m., four automobile tires were stolen from an unattended service station located off Interstate Highway 5, near a Kraft Company paper plant, in the vicinity of Albany, Oregon. The owner of the station described the missing tires to the investigating officer as "Shell radial ride whitewall tires, size LR 78-15”; he could not, however, provide any identifying serial or "batch” numbers as they were…